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North Dakota

Boss behaving badly? Maybe not harassment

01/21/2015
Employers should certainly strive to make their workplaces as pleasant and harassment-free as possible. But, sometimes supervisors make that almost impossible because they can’t refrain from acting like jerks.

After firing boss accused of harassment, zip your lips

01/15/2015
If a court concludes that one of your supervisors created a hostile work environment, you probably don’t want to retain him. But don’t go overboard with the explanations.

He who has the best time records usually wins a wage-and-hour lawsuit

01/15/2015

The FLSA and DOL regulations require employers to track all hours worked so employees can be paid for all the time they spend working. That’s especially true for hourly employees. But what about tracking hours for so-called exempt employees who aren’t eligible for overtime pay for hours worked over 40 per week?

Iron-clad misconduct proof not needed to fire

01/15/2015
Worried about terminating an employee because the allegations against him amount to a he-said, she-said situation? Relax. Courts don’t want to become HR departments and don’t want to mediate every dispute.

FMLA may cover some independent contractors

11/13/2014
A federal appeals court has cast doubt on the longstanding belief that independent contractors are never “employees” under the FMLA.

Older workers driving up insurance costs? That’s no reason to terminate them

11/13/2014

Because it costs more to provide health insurance for older workers, some employers may be tempted to trim their workforce of older workers during reductions in force. Or they may think twice before considering hiring an older applicant. Such actions carry considerable risk that the employee or applicant will sue for age discrimination.

A few unpaid ‘donning and doffing’ minutes can add up to penalties worth millions

10/14/2014

With few exceptions, hourly employees are entitled to pay for all time worked. Paid time can include the time it takes to put on specialized equipment and clothing and walk to a workstation. If you rely on an inaccurate formula to calculate that time, a jury may correct your mistake for all similarly situated employees—and a judge may double the amount owed for unpaid time.

In Minnesota, encourage internal complaint process to protect against whistle-blower lawsuits

10/14/2014

Minnesota employees who believe they were punished for refusing to engage in illegal activities can sue under two distinct but related laws. First, they may have a claim under Minnesota’s Whistleblower Act. Second, they can sue under the state common law for wrongful discharge. Each law has a different standard.

Careful how often you suggest retirement

09/17/2014
Remind bosses: Be careful how you approach discussing potential retirement plans. Asking too often or in a way that’s not business-related may precipitate an age discrimination lawsuit if the employee loses her job or is demoted after such conversations.

OK to terminate after FMLA as long as you document business-related rationale

08/18/2014

Employers sometimes think it’s too dangerous to fire a worker who has recently returned from FMLA leave. But don’t let fear of a lawsuit keep you from making a reasonable and necessary business decision. Just make sure the employee’s use of FMLA leave didn’t motivate the discharge.